In response to Japanese Prime Minister Sanae Takaichi's statement that "if Taiwan is in trouble, Japan is in trouble," the Chinese Embassy in Japan cited the famous "enemy state clause" in the UN Charter on social media on Friday (November 21), pointing out that as a defeated nation, if Japan were to engage in acts of aggression again, the founding members of the United Nations would have the right to "take direct military action against it without authorization from the Security Council."
Japan"Asahi ShimbunAccording to reports, when questioned by the House Budget Committee on the 7th of this month, Sanae Kaoichi responded to whether a "crisis situation" in Taiwan would constitute an "existential crisis" under the National Security Act, stating that if the situation involved warships and the use of force, "it could potentially constitute an existential crisis." This statement immediately drew dissatisfaction and diplomatic retaliation from China.
On September 9th, Xue Jian, the Chinese Consul General in Osaka, posted on the social media platform X, strongly criticizing Kaohsiung City's statement as "a path to death chosen by some foolish Japanese politicians," which not only violates the Treaty of Peace and Friendship between China and Japan but also blatantly challenges the "enemy state" clause in the UN Charter. He stated that Japan, as a defeated nation, should abide by its obligation not to commit aggression again.
According to Articles 53 and 107 of the UN Charter, under certain circumstances, the founding members of the UN (such as China, the US, the UK, France, and the Soviet Union) may take military action against defeated nations of World War II, including Germany, Italy, and Japan, without Security Council approval, should these nations again exhibit aggressive tendencies. This Cold War-era provision has long been on the verge of international legal controversy and rarely formally invoked. Its recent mention by the Chinese government indicates a rapid deterioration in Sino-Japanese relations.
Since Kaohsiung's remarks were made public, they have not only caused public disagreement in Taiwan, but also triggered regional diplomatic tensions.The Japanese government is currently maintaining its position on the existential crisis and has not retracted its statement.China's Ministry of Foreign Affairs has repeatedly emphasized that it "resolutely opposes external forces interfering in Taiwan affairs" and views Kaohsiung's remarks as a challenge to China's sovereignty and the post-war order.
Experts point out that China's invocation of the "enemy state clause" could trigger more international disputes regarding the validity of the UN Charter and may also add uncertainty to the security situation in Asia.
